Related Patents Clause Samples

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Related Patents. Related Patents" for each given or designated patent or patent application shall mean: (i) all continuations, continuations-in-part and divisional, reissue, and reexamination patents and patent applications; and (ii) all foreign counterpart patents and patent applications, including those that would have been counterparts if timely filed, of all of the foregoing patents and patent applications.
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Related Patents. “Related Patents” for each given or designated patent or patent application shall mean: (i) all continuations, continuations-in-part and divisional, reissue, reexamination and priority patents and patent applications (including all continuations, continuations-in-part and divisional, reissue, reexamination of such priority patents and patent applications); patents of addition and utility models; and (ii) all foreign counterpart or parallel patents and patent applications, including those that would have been counterparts if timely filed, of all of the foregoing patents, patent applications and utility models.
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Related Patents. Rights - In the event that any patent or other rights of NeXstar arise which are dominant or subordinate to any patent within the Licensed Patent Rights, ***** REPRESENTS CONFIDENTIAL PORTION WHICH HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. NeXstar shall grant Medarex an option to obtain a nonexclusive license to such related patent or other intellectual property rights and the parties shall immediately meet and use good faith efforts to mutually agree to the terms of the Medarex license to the related patent or other rights.
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Related Patents. (1) Subject to the terms and conditions of this Agreement and full and due performance by Licensee of all of its obligations and covenants herein contained, Licensor agrees that, for so long as Licensee makes payments to Licensor pursuant to Article 5 hereof, Licensor shall not assert against Licensee any patent, utility model and design patent right relating to Licensed Products which are owned or will be acquired by Licensor during the period of this Agreement. (2) Should there be any patent, utility model or design patent right owned by Licensee relating to Licensed Products, Licensee agrees to grant licenses to Licensor under such reasonable terms as will be agreed upon separately.
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Related Patents. 7.01 Dr. John Tulip has made or may make additional inventions directly related to the field of slab gas lasers and directly related to the applications licensed to Rofin hereunder, the licensing rights to which have been acquired by Boreal ("Related Inventions"). Boreal is entitled to all licensing rights for such Related Inventions and Related Patents which issue. This Agreement does not affect any inventions of Dr. John Tulip not related to the field of slab gas lasers. Boreal wishes to make application for letters patent in the appropriate patent offices in the United States of America, Canada, Japan, Europe and elsewhere in respect of such Related Inventions on the basis set out in this Article VII. 7.02 Boreal agrees to disclose in confidence the specification, draft of proposed claims and related technical information for any Related Inventions to Rofin for review by Rofin. Rofin agrees to maintain in confidence and not disclose to any third party nor use for any purpose except as contemplated herein any such confidential information as has been disclosed hereunder to Rofin by or on behalf of Boreal. 7.03 For all Related Inventions made by Dr. John Tulip before the Effective Date of this Agreement and for one (1) year thereafter and if Rofin wishes to benefit from the inclusion of such Related Inventions in and as part of its exclusive rights and license under this Agreement, then Rofin shall reimburse to Boreal the drafting, filing, prosecution costs and attorneys' fees paid by Boreal in respect of such Related Inventions. To the extent that Rofin does pay such costs and fees to Boreal, then any patent which issues in relation to any Related Invention covered by this Article 7.03 and for which such payments have been made by Rofin shall be included in and form part of the Related Patents subject to the same terms as in this License Agreement including any restrictions on scope of application. 7.04 For all Related Inventions made by Dr. John Tulip more than one (1) year after the Effective Date of this Agreement which Rofin wishes to be included in and as part of its exclusive rights and license under this Agreement, then Rofin and Boreal shall come to mutually agreeable terms on consideration or compensation to Boreal for such rights. Boreal contemplates that consideration or compensation which may be satisfactory to it may include cash payments, cross licensing of Rofin technology or that of Affiliated Companies and payment of drafting, filing, pr...
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Related to Related Patents

  • Patent Rights The State and the U. S. Department of Transportation shall have the royalty free, nonexclusive and irrevocable right to use and to authorize others to use any patents developed by the Engineer under this contract.

  • Patents and Patent Applications To the Company’s knowledge, all patents and patent applications owned by or licensed to the Company or under which the Company has rights have been duly and properly filed and maintained; to the knowledge of the Company, the parties prosecuting such applications have complied with their duty of candor and disclosure to the USPTO in connection with such applications; and the Company is not aware of any facts required to be disclosed to the USPTO that were not disclosed to the USPTO and which could reasonably be expected to preclude the grant of a patent in connection with any such application or could reasonably be expected to form the basis of a finding of invalidity with respect to any patents that have issued with respect to such applications.

  • Trademarks, Patents Each of the Borrower and the Subsidiaries possesses or has the right to use all of the patents, trademarks, trade names, service marks and copyrights, and applications therefor, and all technology, know-how, processes, methods and designs used in or necessary for the conduct of its business, without known conflict with the rights of others.

  • Intellectual Property Infringement a. If a third party makes a claim against Ordering Activity that the Appian Software directly infringes any patent, copyright, or trademark or misappropriate any trade secret (“IP Claim”); Contractor will to the extent permitted by 28 U.S.C. 516 (i) assist in defending Ordering Activity against the IP Claim at Contractor’s cost and expense, and (ii) pay all costs, damages and expenses (including reasonable legal fees) finally awarded against Ordering Activity by a court of competent jurisdiction or agreed to in a written settlement agreement signed by Contractor arising out of such IP Claim; provided that: (I) Ordering Activity promptly notifies Contractor in writing no later than sixty (60) days after Ordering Activity’s receipt of notification of a potential claim and (II) Ordering Activity provides Contractor, at Contractor’s request and expense, with the assistance, information and authority necessary to perform Contractor’s obligations under this Section. Notwithstanding the foregoing, Contractor shall have no liability for any claim of infringement based on (I) the use of a superseded or altered release of the Appian Software if the infringement would have been avoided by the use of a current unaltered release of the Appian Software, (II) the modification of the Appian Software, (III) the use of the Appian Software other than in accordance with the then current Documentation or this Agreement, or (IV) any materials or information provided to Contractor by Ordering Activity, for which Ordering Activity shall be solely responsible. b. If the Appian Software is held to infringe or are believed by Contractor to infringe, Contractor shall have the option, at its expense, to (i) replace or modify the Appian Software to be non-infringing, or (ii) obtain for Ordering Activity a license to continue using the Appian Software. If it is not commercially reasonable to perform either of the foregoing options, then Contractor may terminate the license for the infringing Appian Software and refund the license fees paid for the Appian Software upon return of the Appian Software by Ordering Activity. This section states Contractor’s entire liability and Ordering Activity’s exclusive remedy for any claim of infringement; provided, however, if the license is for a cloud subscription described in Section B of this Agreement, then Appian shall only refund to Ordering Activity those license fees that were pre-paid and unearned at the time Appian terminates the license.

  • Licensed Patents Immune Design, at its expense, shall have the first right to file, prosecute and maintain all Licensed Patents for which Immune Design has any exclusive rights under this Agreement using patent counsel reasonably approved by IDRI, including conducting any interferences, reexaminations, reissues, oppositions, or request for patent term extension relating thereto. Immune Design shall conduct such filing, prosecution and maintenance in good faith, taking into consideration IDRI’s retained rights hereunder, and consistent with reasonable business judgment, provide IDRI with all relevant or material documentation and proposed filing in the Territory so that IDRI may be concurrently and promptly informed of the continuing prosecution, and consult with IDRI with regards to Immune Design’s patent strategy with the Licensed Patents for which Immune Design has any exclusive rights under this Agreement. Licensed Patents in the name of IDRI shall remain in the name of IDRI. Immune Design shall use commercially reasonable efforts to ***, as applicable. To the extent such ***, Immune Design shall provide IDRI reasonable opportunity to review and comment on such prosecution efforts regarding such Licensed Patents in the Territory, and any IDRI comments will be reasonably considered in such prosecution efforts, and included to the extent affecting the IDRI Exclusive Field or IDRI Territory, as the case may be. If Immune Design determines in its sole discretion to abandon or not maintain any Licensed Patent for which Immune Design has any exclusive rights under this Agreement in the Territory, then Immune Design shall promptly provide IDRI with written notice of such determination at least sixty (60) days before any deadline for taking action to avoid abandonment and shall provide IDRI with the right, opportunity and reasonable assistance to prepare, file, prosecute and maintain such Licensed Patent in the applicable jurisdiction in IDRI’s sole discretion and at IDRI’s expense, provided that Immune Design shall provide such reasonable assistance at its own costs and expenses. If IDRI elects to prepare, file, prosecute and maintain such Licensed Patent in such jurisdiction for which Immune Design has any exclusive rights, then Immune Design’s license rights to such Licensed Patent in such country will become nonexclusive in such country under such Licensed Patent (and/or patent application). If IDRI desires Immune Design to file, in a particular jurisdiction, a Licensed Patent for which Immune Design has any exclusive rights under this Agreement that claims priority to another Licensed Patent for which Immune Design has any exclusive rights under this Agreement, IDRI shall provide written notice to Immune Design requesting that Immune Design file such patent application in such jurisdiction. If IDRI provides such written notice to Immune Design, Immune Design shall either (i) file and prosecute such patent application and maintain any patent issuing thereon in such jurisdiction and the Parties shall share the related costs and expenses (A) in countries *** on the basis of *** percent (***%) Immune Design: *** percent (***%) IDRI or (B) in countries within the IDRI Territory equally; or (ii) notify IDRI that Immune Design does not desire to file such patent application in such jurisdiction and provide IDRI with the opportunity to file and prosecute such patent application, provided that if IDRI files and prosecutes such patent application in such jurisdiction, then Immune Design’s license rights to such License Patent in such country will become nonexclusive in such country under such Licensed GLA Patent (and/or patent application). Immune Design shall be responsible for the costs and expenses incurred in connection with its own activities for filing, prosecuting and maintaining the Licensed Patents; IDRI shall be responsible for monitoring of such activities by IDRI.